• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf.

Extracts from this document...

Introduction

0118181 Q2(a) Legal Practice I LA266 The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf. "...in legal terms, a personal injury is where a person, company or some other organisation is to blame (at least partly) for your injuries. They may have been 'negligent', which means the person or organisation did not take proper care in the way something was: done; made; or repaired."1 Before a claim can be made, a number of documents need to be looked at and prepared. It must be noted at this early stage however, that the limitation date must be noted. Generally, under s.11 of The Limitation Act 1980, the claimant has three years to make a claim. The period runs either from (i) The date on which the cause of action accrued or (ii) The date (if later) of the claimant's knowledge. As the client sustained her injuries through a road traffic accident, she would need to produce the other driver's car and insurance information. Also, a letter needs to be sent to the police station who dealt with the accident callout in order to obtain the accident report. Also, any CCTV footage or photographs of the accident scene, would be useful if available. ...read more.

Middle

Following this, it must be indicated that the client is claiming for general damages, i.e. pain and suffering and loss of amenity. For this reason, particulars of injury need to be set out. In relation to the client's case these would be; (a) two broken ribs (b) loss of three front teeth (c) broken nose (d) affected eyesight (e) both legs broken, left leg suffered a compound fracture (f) any mental suffering A medical report would need to be attached to the particulars of claim which deals with the above injuries. The client's date of birth needs to be given also. The reason being is that the age may affect the quantity of some of the damages she would receive. If the client wishes to claim for special damages, then these could either be attached to the particulars of claim or briefed in a separate document. The special damages need to have a specific amount. For instance, if the client wishes to claim for hospital treatment or prescriptions, the exact amount of expenditure needs to be given. The particulars of claim would generally be served with the claim for. If not however, it must be served no later than fourteen days following service of the claim form. ...read more.

Conclusion

For instance, the defendant could argue that some of her injuries could have been prevented or minimised if she was wearing a seat belt. If a medical expert witness verifies this then the quantum of damages Susan would receive could be less than the quantum she would have received if she were wearing a seat belt. The defendant needs to file his defence at court6. He has either fourteen days to do so after service of particulars of claim or twenty-eight days after he acknowledges service. 1 Article; CLS Information Leaflet Number 17 - Personal Injury, Complaining and Claiming Compensation. Publisher; The Legal Services Commission. Source; http://www.which.net/campaings/retail/cls/17.pdf 2 Sime.S 'A practical approach to civil procedure', chapter 7, page 68, Oxford. 3 Note; this is a general figure issued by http://www.clearanswers.co.uk/howmuch.html Other general figures which relate to some of the client's injuries are; (i) moderate arm injury �9,000 - �75,000 Severe arm injury with permanent disability �18,000 - �150,00 (it is unclear from the facts of the case instant which of the above would actually apply to the client) (ii) Nose injury up to �15,000 (iii) Teeth injuries up to �15,000 4 Sime.S 'A practical approach to civil procedure', chapter 7, page 71, Oxford. 5 Alex Lawrie Factors Ltd v. Morgan, Morgan and Turner, The Times, August 18, 1999 6 Civil Procedure Rules, rule 15.2 ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    though there may be differences between the forms and conditions printed on the back of them. As Lord Cairns L.C. said in Brogden v Metropolitan Railway Co (1877): ... there may be a consensus between the parties far short of a complete mode of expressing it, and that consensus may

  2. e-commerce legal issues

    The general rule is that an acceptance must be communicated to the offeror5, but there is no any rule as to which methods of acceptance. Thus, acceptances can generally be made via any communication methods unless the term of the offer has been explicitly specified.

  1. Four ways in which a contract may be discharged.

    The law excludes from the background the previous negotiations of the parties and their declarations of subjective intent. The background may enable the reasonable man to choose between the possible meanings of words which are ambiguous. The rule that words should be given their "natural and ordinary meaning" reflects the

  2. Advising a Client : Contract Law

    An inference may be drawn that if A does make a mistake regarding the specifications, but can prove he took all 'reasonably practicable' steps to prevent this from happening, then the second clause of the contract is satisfied. If this is true, it can be assumed that B has assumed the allocation of risk.

  1. I have been asked to advise a client on considering contracting with a building ...

    Lapse of time An offer may be expressed to last for a certain period of time but if there is no express time limit set, it expires after a reasonable time. What is a reasonable time depends on the circumstances of the case.

  2. Detail the possible rights and obligations of both Tenant and Landlord.Use examples and case ...

    However, if this compensation isn't significant enough to the breached party, the court may impose a specific performance to be carried out or an injunction. Neither of the latter two is favored as a remedy, as its considered 'slavery' to enforce someone to do something they don't want too.

  1. In advising Bennys position of the interest over the said property (the flat), it ...

    Without evidential burden of ultimately express common intention, he can only rely on "party's conduct" in reliance of detriment suffered. Actually, he used up his saving to pay for redecoration of bathroom, but this kind of contribution shall be regarded as "non-financial contribution".

  2. Case Analysis: Christine Brooks v. Cooke County Hospital District

    reporting illegal activity, (3) exercising legal rights, and (4) performing public duties.2 Brooks could claim a breach of contract against CCHD. In order to substantiate her claim Brooks will need to provide evidence for the following: o A legally enforceable contract existed between her and CCHD, and o Some terms of the contract had been breached.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work